In this issue Happy birthday
On 1st March 2003 George Farrugia & Co changed name to MGI
Malta to reflect the heritage of the professional family the organization
is now part of.
Partner appointed MSC chairman
Franco Azzopardi, partner at MGI Malta was appointed chairman of
the Malta Sports Council, the supreme authority of sports in
Malta.
Data Protection Act 2001
The Data Protection Act 2001 is going to be enforced in Malta.
organizations or individuals to whom this Act applies must appoint
a Data Controller and my need to notify the Commissioner for
Data Protection
Editorial
It has been over a year now since our last newsletter. A lot of
water has passed under our bridge since then, and to report on
all of the milestones that have taken place at our office would
require more than a few issues of this newsletter.
The most important change was the re-branding of our office from
George Farrugia & Co to MGI Malta. This big milestone came
after many hours of soul searching by the partners of what the
firm stands for, its past achievements and our future goals. We
felt that adopting the name of our international organization would
be more representative of the international dimension of the work
we are now undertaking. Over 25% of our billing today is done to
non residents of Malta.
Once the decision was taken to affect the name change, and the
name selected, the first hurdle we had to overcome was that of
obtaining of the blessing of the International Management Committee.
To-date, the official policy of our international organization
was that of encouraging the use of the prefix MGI in front of the
firms own name – example MGI George Farrugia & Co. None
of our partners overseas had yet made such a drastic proposal as
we were proposing.
At first the Management Committee found it hard to understand
our stand and tried to dissuade us, stating that dropping the
family link from our firm’s respected name could be of
detriment to our practice. We countered that our professional
family was now MGI and we shall be proud to change our own name
to reflect this proud heritage.
Our arguments finally won the day and as from 1st March, 2003,
the firm adopted its new name – MGI Malta. The event was
given due publicity in the local media and was very widely covered
by the professional press in Malta. Our consultancy company (GFC
Consult Limited) was also re-branded to MGI Finconsult Limited,
whilst Jana Consultants Limited became MGI ProSoft Limited.
After just twelve months operating under our new name, we are
happy to report that this change was very well received by our
clients, colleagues and the general public.
The only effects of this bold move were only positive ones.
Regards
George Farrugia
Partner appointed MSC chairman
Partner Franco Azzopardi has been appointed chairman of the Malta
Sports Council, the supreme authority of sports in Malta. This
appointment was made by the Minister for Youth and the Arts and
became effective as from 1st August 2003.
Franco needs no introduction in the local sports scene. Besides
being a dedicated sports man, he has served as president of the
Malta Karate Association for a number of years and was also nominated
for the Sports Official of the Year in 1996. He regularly participates
in international Karate training camps and competitions and has
the distinction of being the trainer of the first ever local sports
persons to win gold and silver medals at a European level. For
the last three years Franco also served as vice chairperson of
the National Pool Council.
The Malta Sports Council was constituted by the recently enacted
Sports Act to :
• Promote and encourage the development of sport in Malta
•
To develop and implement programs that promote participation in
sport
•
To promote excellence in sport
•
To ensure the provision of facilities, resources and services for
the promotion of sport
•
To foster co-operation in sport with both local and international
organization.
The young and dynamic Minister for Youth and the Arts, who is also
responsible for Sport, is determined to give local sport its
deserved place in our vibrant society where it becomes the catalyst
for better living standards, healthier lifestyle, social integration
and better education.
The challenges facing Franco can only be considered as formidable
especially when one considers that all sport in Malta is still
run on an amateur basis, where facilities of international standard
are still in the process of development, commercial sponsorship
difficult to come by and public funding very limited.
Franco has never been one to shy away from a challenge and as
he has proved often times, he very rarely fails. His innovative
approach to a problem, his untiring character and his meticulous
attention to detail, should all serve him well at his new assignment.
We are confident that he shall make us all proud.
The Data Protection Act 2001
The aim of the Data Protection Act is to safeguard the individuals
by providing protection against the violation of their privacy
through the processing of data where this forms part of a wholly
or partly automated filing system, be it computerised or manual.
The Act does not apply where such processing is undertaken by an
individual in the course of a purely personal activity or where
such processing relates to public, defence and state security.
The Act gives rights to individuals and puts new responsibilities
on those persons or organizations and their employees who collect,
handle process and store personal information about natural persons.
Examples of such data may include:
• Name and surname
• Identity Card number
• Address
• Date of birth
• Personal financial data
• Health details
• Political and religious beliefs
The Act denotes an individual as a Data Subject. A data subject
cannot be:
•
a company,
•
an organization,
•
a club,
•
a partnership or
•
a collection of persons.
The first step for those organizations or individuals to whom
this Act applies is to identify and appoint a person to take responsibility
for the implementation of the DP Act. The Act refers to this person
as the Data Controller. Such a person will be responsible for determining
the purposes and means of the processing of personal data.
Criteria required for processing data may include:
• The data subject has given his free consent
• In the case of a contract where the data subject is party to
• Processing is necessary for compliance with legal obligation
• Processing is necessary to protect the vital interests
of the data subject
• In connection with an activity in the public interest or official
authority vested in a data controller (ex Inland Revenue)
• In the case where the data controller has a legitimate interest
However, personal data may not be processed for direct marketing
if the data subject opposes such processing. In cases of direct
marketing, the data controller shall inform the data subject of
the latter’s right to oppose, at no cost, the processing
relating to his personal data.
After identifying the Data Controller, the following process should
be tackled:
• Identify the steps for the processing of data within an organization
• Notify the Data Protection Commissioner by 15th April 2004 (in
the case of computerised systems) and by 24th October 2007 (in
the case of manual systems) on the appropriate form and settle
the annual fee.
• Bring existing processes, practices and software in line with
the Act. This could include changes in software, inclusion of DP
clauses in stationery, documents and email and the deletion of
unnecessary data from your records
• Raise staff awareness of new responsibilities, rights and obligations
• Ensure data security is in place. This includes both physical
and electronic security.
• Prepare to respond to requests from data subject.
• Set mechanisms to ensure that new processes are immediately notified
to the Commissioner for Data Protection
Finally, the Data controller may appoint a Data Protection Representative
as defined by the Act in order to relieve the organization of the
notification process and the supervision of data compliance.
Non registration with, or offences against the Data Protection
Act may attract fines of up to Lm10,000 or imprisonment for six
months or both.
If you are unsure of your responsibilities under this Act, it
is recommended to seek professional advice.
Disclaimer
The above information is being provided as a general guide only
and should not be considered as a substitute for professional advice.
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